Personal Injury Law

Victim of Predatory Mortgage Company Fights Back and Wins; Recoverable Damages Includes Attorney’s Fees

In what appears to be the first reported New York decision enforcing anti-predatory lending provisions of section 6-L of the New York Banking Law, a Supreme Court Justice in Staten Island has ordered a hearing to assess damages against a bank following a series of violations of the law. In LaSalle Band v. Shearon, 100255/07, the lender moved for summary judgment in its foreclosure action. But not only did Hon. Joseph J. Maltese deny the motion, he searched the record, found three separate violations of the anti-predatory Banking Law, and granted the borrower summary judgment on his counter claims alleging violations of that law.

Full post as published by Legal Blog on February 23, 2008 (boomark / email).